33 Lord Faulkner of Worcester debates involving the Cabinet Office

Fri 12th Mar 2021
Thu 25th Feb 2021
Ministerial and other Maternity Allowances Bill
Lords Chamber

Committee stage:Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords & Committee stage
Wed 16th Dec 2020
Taxation (Post-transition Period) Bill
Lords Chamber

2nd reading (Hansard) & Committee negatived (Hansard) & 3rd reading (Hansard) & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords & 2nd reading & Committee negatived & 3rd reading
Thu 10th Sep 2020
Parliamentary Constituencies Bill
Grand Committee

Committee stage:Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords

Budget Statement

Lord Faulkner of Worcester Excerpts
Friday 12th March 2021

(3 years, 2 months ago)

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Baroness Wheatcroft Portrait Baroness Wheatcroft (CB) [V]
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My Lords, I congratulate those making their maiden speeches today. In particular I am delighted to welcome the noble Baroness, Lady Foster, to the House. We first met at sea—appropriately, given her transport interests—and I am sure her knowledge will benefit the House.

This was a very limited Budget for a country faced with the double whammy of Covid and Brexit. I agree with the noble Baroness, Lady Bottomley, that this was a missed opportunity to deal with the issue of properly funding social care. Having witnessed the tragedy that killed so many in our care homes, surely the people of the UK would have been ready and willing to confront what must be done to ensure adequate funding of social care.

The Chancellor had to offer continuing help to those whose jobs had been hit by Covid, and I welcome the steps he has taken in that direction. However, there is more that he could and should have done. Others have talked about the perilous state of our music industry and musicians; some believe that the industry could be reduced by half unless steps are taken to ease freedom of movement for the sector. I have two specific asks, which I hope the Minister might address in his closing remarks. Here I declare my interest as chairman of the Association of Leading Visitor Attractions.

Theatres and music festivals are major contributors to the UK economy but have been among the hardest hit victims of Covid. They are desperate to get back to work but, if they are to incur the heavy costs involved in preparing for a production or festival, they need insurance. The insurance market will not provide that at anything like an affordable rate without government underwriting it. The Government have already provided that for film and television; please could they do the same for theatres and festivals?

I also make a plea on behalf of visitor attractions. For the second time, the sector will not be open over Easter even though non-essentials shops will. Here is my second ask, which I am sure the country would welcome. Could we have a special bank holiday in September? All being well, it would be a celebration of a hugely successful vaccination campaign, but it would also allow indoor attractions to benefit from bank holiday trade.

Lord Faulkner of Worcester Portrait The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
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The noble Lord, Lord Duncan of Springbank, has been unable to join the call so I call the noble Baroness, Lady Kramer.

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Lord Agnew of Oulton Portrait Lord Agnew of Oulton (Con)
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My Lords, it is a privilege to close this debate on behalf of the Government. I thank noble Lords for their many insightful and considered contributions. In particular, I welcome the maiden speeches of the noble Lords, Lord Bellingham, Lord Benyon, Lord Cruddas and Lord Khan, and the noble Baroness, Lady Foster.

Given the number of speakers and the limited time I have available, I hope noble Lords will forgive me if I am not able to address all the points raised. Perhaps noble Lords would like to write to me if they do not feel that the issues have been addressed satisfactorily.

I start with the noble Lords, Lord Eatwell and Lord Risby, on overall spending, borrowing and debt. In 2020-21, this Government increased day-to-day departmental spending by £20 billion, with a 6% increase in nominal terms. In 2021-22, excluding Covid, there was a further increase of £22 billion, or 6% nominal. In addition to substantial near-term support, the Budget supports an investment-led economic recovery to level up across the UK while trying to be honest about the need also to repair the public finances in the medium term. Without corrective action, borrowing would rise to unsustainable levels, leaving underlying debt rising indefinitely. Although borrowing costs are affordable now, interest rates and inflation may not stay low for ever. Indeed, a 1% increase in inflation and interest rates would cost us more than £25 billion a year.

My noble friend Lord Hunt asked about jobs and full employment. The Budget sits alongside a comprehensive package to support people into jobs, as announced in the plan for jobs. The 2020 spending review built on previous commitments to provide £3.6 billion of additional funding in 2021-22 for the DWP to deliver employment support to those who need it most. This includes £1.4 billion of additional funding to sustain the doubling of the number of work coaches to 27,000, the £2 billion kick-start scheme to help young people at risk of long-term unemployment and the £2.9 billion restart programme to help those who have been unemployed for more than a year.

The right reverend Prelate the Bishop of Portsmouth and the noble Lord, Lord Watson, asked about early years and children. The Government recognise the acute impact of the pandemic on children’s lives—particularly the impact from lost learning. That is why, following the £1 billion education catch-up package announced last year, the Government are making available £700 million of further funding to help young people in England catch up on lost learning as a result of Covid.

The noble Baroness, Lady Goudie, asked about the effect of the pandemic on women’s careers. It is no doubt that many women have borne the brunt of this crisis, particularly mothers. Since March, we have provided unprecedented levels of support to businesses and individuals; cumulatively, 11 million jobs have been supported by the Coronavirus Job Retention Scheme. Provisional estimates show that the number of females furloughed increased to 2.3 million as at 31 January and the number of males to 2.2 million. Temporary measures have been put in place to restore entitlement to parents in receipt of government coronavirus support schemes who would normally be eligible for tax-free childcare and/or 30 hours of free childcare but, due to the consequences of Covid, are not able to receive it. Households with anyone aged under 14 can form a childcare bubble, which allows friends or family from one other household to provide informal childcare.

The noble Lord, Lord Eatwell, asked about stamp duty relief. Extending the stamp duty holiday will reduce the risk of a fall in house prices in the short term, which is building momentum and encouraging confidence in the housing market. The housing market drives the wider construction industry; by helping maintain momentum in the market, the extension of the stamp duty holiday will protect hundreds of thousands of jobs that rely on it.

The noble Lord, Lord Fox, asked about council tax. The Government are providing local authorities with additional funding for Covid-related pressures and giving local authorities the flexibility to raise council tax bills across their budgets. These increases are in line with similar flexibilities in previous years. To give local authorities additional flexibility in making these decisions, we will allow them to defer up to their full 3% adult social care precept in 2022-23.

My noble friend Lord Forsyth is worried about tax rises. We continue to provide substantial economic support to people in need and have committed an additional £65 billion in this Budget across 2020-21 and 2021-22. We are trying to be honest about the steps that will be taken following the record-breaking levels of borrowing and higher debt. Announcing a credible plan to repair the public finances over the medium term supports the Government to continue to have the space to borrow in the short term to support the economy. The OBR forecast is that, under the Government’s plans, the economy will rebound strongly next year.

The noble Lord, Lord Palmer, asked about the freezing of personal allowances. The decisions that we have made to increase the personal allowance over the last few years mean that fewer people than ever are paying income tax. Freezing the personal allowance and HRT is progressive and fair. The highest-earning households will contribute more of the revenue: the 20% highest-income households will contribute 15 times that of the 20% lowest-income households. Nobody’s take-home pay will be less than it is now. Anyone earning £12,570 or less in 2025-26 will still not pay income tax.

The noble Lord, Lord Bilimoria, asked about business rates. The Government have provided over £16 billion of support for businesses affected by Covid with their rates bill since March last year. This measure builds on the full business rates holiday for eligible properties in retail, hospitality, leisure and nurseries in 2021, worth over £10 billion. The Government have also decided to freeze the business rates multiplier in 2021-22, saving businesses in England an estimated £575 billion over the next five years.

The noble Lord, Lord Campbell-Savours, asked about inheritance tax. The Government are aware of recent reports, including from the Office of Tax Simplification, and will respond in due course. Inheritance tax makes an important contribution to the Exchequer of some £5 billion a year, so we need to consider carefully any wide changes to it.

My noble friend Lord Caithness asked about productivity. Building on industry best practice and our international peers, we will launch a new world-leading management skills training programme to upskill 30,000 SMEs across the UK over the next three years.

My noble friend Lady McIntosh asked about the failure to provide support to aviation. The Government recognise the challenging circumstances facing the aviation industry. We will publish a consultation on aviation tax reform in the spring. The aerospace sector and its aviation customers are being supported with almost £11 billion made available through loan guarantees, support for exporters and the Bank of England’s Covid Corporate Financing Facility, together with grants for research and development. This includes £8 billion of UK export guarantees. The Budget built on this, renewing support for airports and ground handlers through first six months of 2021-22 to help meet their fixed costs, such as business rates.

The right reverend prelate the Bishop of Portsmouth worries about social care. Throughout the pandemic we have continued to support social care providers to manage the impact of Covid. This includes over £4.6 billion in grant funding for local authorities to address Covid pressures across all their services, including adult social care; over £1.9 billion of enhanced discharge to accelerate discharge from hospital; over £1.1 billion for the infection control fund to support care providers in stopping the spread of the virus; free Covid-related PPE through the Department of Health’s PPE portal until the end of June; and £120 million for the workforce capacity fund to ease workforce pressures in adult social care. The Government remain committed to sustainable improvement of the social care system and will bring forward proposals this year.

My noble friend Lord Young of Cookham asked about council tax. We are providing £670 million of grant funding to help local authorities in 2021-2 to continue to support more than 4 million households least able to afford their council tax bills.

The noble Lords, Lord Gadhia, Lord St John of Bletso and Lord Bruce, raised apprenticeships, skills and training. The Government are making significant investment as part of our plan for growth. Apprentices of all ages will support our economic recovery and the payments to employers will be increased so that they receive £3,000 for each new apprentice hired between 1 April and 30 September of this year, regardless of the apprentice’s age. We are also investing £126 million to triple the number of traineeships next year. The Government have invested significantly in further education, including £1.5 billion of capital funding to bring the entire college estate up to a better condition.

My noble friend Lady Gardner asked about rebalancing the tax burden to help the high street. Retail is changing dramatically and the high street is too. We want to help business manage this transition. The Government published a call for evidence for the fundamental review of business rates in July 2020, which includes questions on this topic, and we will respond in due course.

The noble Lords, Lord Eatwell, Lord Hunt and Lord Fox, are concerned that the Government do not have a proper plan for growth. Build Back Better: Our Plan for Growth was published under the Covid recovery, post-Brexit transition and our longer-term economic growth strategy. The plan tackles long-term problems and helps to deliver growth that creates high-quality jobs across the UK. It strengthens the union as well as achieving the people’s priorities, levelling up the whole of the UK, supporting our transition to net zero and supporting our vision for a global Britain.

The noble Lord, Lord Hain, worries that we are cutting fiscal support too soon. We have always said that we want to protect lives and livelihoods and be guided by the best scientific advice available. This is why we have provided an unprecedented package, with a cumulative cost of some £350 billion, to protect people’s jobs and livelihoods and to support businesses and public services. The package set out by the Chancellor in this Budget allows people in businesses to plan and prepare in line with the expected easing of restrictions announced last month in the Prime Minister’s road map. Schemes such as the CJRS and SEISS and support for businesses are continuing beyond the end of the road map.

The noble Lord, Lord Bilimoria, worries about excluded groups. The Government have acknowledged that we have not been able to support everyone in the way that we might have wanted. The CJRS and SEISS are designed to target support to those who need it most and to protect taxpayers against error, fraud and abuse, while also trying to reach as many people as possible. Individuals will be able to qualify for the new SEISS grants based on their 2019-20 tax returns, with around 600,000 self-employed individuals being newly eligible. This brings the total eligibility for SEISS 4 and 5 to 3.7 million people. The furlough scheme has helped pay the wages of some 11 million jobs, with £53 billion having been claimed. Local authorities in England will receive a top-up worth a further £425 million to their allocation from the ARG, which has already provided local authorities with £1.6 billion.

The noble Baroness, Lady Bowles, my noble friend Lady Gardner and the noble Lords, Lord Monks, Lord Hain and Lord Dodds, asked about universal credit. The Government have always been clear that the £20 increase was a temporary measure. We are now shifting our focus to supporting people back into work and we have a comprehensive plan for jobs, which this Budget builds on.

The Government will spend over £55 billion in 2021 on benefits to support disabled people and those with health conditions. The Government have implemented a range of measures to make accessing disability benefits easier and to protect existing claimants during the current situation. This includes temporarily suspending face-to-face assessments.

My noble friend Lord Forsyth asked about the under-25s, who of course have particularly suffered in this pandemic. The measures in the Budget seek to address this, alongside promoting the Government’s belief in fairness and the aim to promote equality of opportunity.

My noble friend Lord Lamont and the noble Lords, Lord Macpherson and Lord Bilimoria, are worried about the rise in corporation tax. The Government are providing businesses with over £100 billion of support to get through the pandemic, so it seems fair that we ask them to contribute to the recovery. At 25%, the headline rate will remain one of the lowest—or the lowest—in the G7, and the full rate will be paid by around only 10% of companies. A small profits rate of 19% for businesses with profits of £50,000 or less means that around 70% of actively trading companies will be protected from the rate increase.

The noble Lord, Lord Eatwell, asked about the super-deduction. Many world economists are big advocates of full expensing as a tool to boost investment alongside a low corporation tax rate. With the super-deduction and one of the lowest rates of corporation tax, the UK’s business tax regime will be among the most competitive in the world. The super-deduction will help firms to become more productive, safeguarding and creating new jobs.

The noble Lord, Lord Palmer, is worried about incentives for avoidance or evasion. There are anti-avoidance provisions that apply to counteract arrangements that are contrived or abnormal or that lack a genuine commercial purpose. There are also existing capital allowance rules that apply, including the exclusion of connected party transactions from first-year allowances.

My noble friend Lord Caine worries about the differential between corporation tax in Northern Ireland and the Republic of Ireland. Despite the change, companies operating in Northern Ireland will continue to benefit from a headline rate that is competitive in the G7, and this will be payable by only a minority of corporate taxpayers in Northern Ireland.

My noble friends Lord Caithness and Lady McIntosh and the noble Lords, Lord Haskel and Lord Rooker, asked about freeports. Leaving the EU means that we have the opportunity to do these things differently. We have developed an ambitious new freeport model to ensure that towns and cities across the UK will benefit from new trade opportunities, attracting new investment and employment. In addition to a simplified customs process, our freeports will offer measures to incentivise private businesses, carefully considered planning reforms to facilitate much-needed construction and additional targeted funding for infrastructure improvements in these freeport areas to level up communities and increase employment opportunities.

On displacement, our focus is on encouraging new investment to create new businesses and new economic activity, which will create jobs in deprived communities. Specifically, bidders have had to explain how their choice of tax sites minimises the displacement of economic activity from wider local areas, especially other economically disadvantaged ones. This has been rigorously assessed as part of the assessment process, and we are confident that the risk of harmful displacement will be minimised.

The noble Lords, Lord Fox, Lord Oates and Lord Haskel, my noble friend Lord Lansley and the noble Baronesses, Lady Jones and Lady Hayman, asked about our commitment to climate change and net zero. The spending review committed to spend £12 billion on green measures to support the Prime Minister’s 10-point plan and boost the UK’s global leadership on green infrastructure and technologies, ahead of COP 26 next year.

This Budget builds on this by encouraging private investment, using the tax system and continuing with the direct government support announced at the spending review. This is supported by Budget measures that continue to lay the foundations for the transition to net zero—for example, the green gilts and plans for a linked green retail product to be offered by NS&I and the UK infrastructure bank.

A number of noble Lords asked about the NHS. The Government are completely committed to the long-term plan, which provides a cash increase of £33.9 billion a year by 2023-24, with a £6.3 billion uplift in the next financial year. Those plans have not changed. The spending review 2020 announced a further £3 billion for the NHS next year to support its recovery from the impact of Covid and confirmed our commitment to ensuring that the NHS has the certainty it needs to plan. We continue to be committed to ensuring that the NHS gets the support it needs for the pandemic, as evidenced by some £58.9 billion of resource spending that we have committed this year, with £18 billion for the NHS.

The allocation of any funding beyond 2021-22 will be a matter for the spending review later this year. We have already announced in the last spending review in 2020 a £1.5 billion injection to improve NHS waiting lists, for mental health and for the workforce. This funding will help to tackle backlogs in the 2021-22 year as part of the £55 billion to support public services.

On NHS pay specifically, no pay award has yet been announced for NHS staff for 2021-22. As is normal practice, the Department of Health and Social Care has published evidence setting out what figure is affordable within its budgets. The independent NHS Pay Review Body and Doctors and Dentists Remuneration Review Body will report on pay for 2021-22 later this year. The pay review bodies will consider the unique circumstances that NHS staff are working in and the need to recruit, train and motivate suitably able and qualified people, as well as the Government’s financial circumstances.

The noble Lord, Lord Rooker, asked about the levelling-up fund and is worried about pork-barrel politics. The methodology note for the levelling-up fund index was published yesterday. The £4.8 billion levelling-up fund will prioritise bids from places in England, Scotland and Wales with the most significant need.

Deputy Speaker, might I indulge in a couple more minutes?

Lord Faulkner of Worcester Portrait The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
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You should ask your Whip that question.

Police and Crime Commissioner Elections (Welsh Forms) Order 2021

Lord Faulkner of Worcester Excerpts
Thursday 4th March 2021

(3 years, 2 months ago)

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Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
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My Lords, I shall also speak to the Mayoral and Police and Crime Commissioner Elections (Coronavirus, Nomination of Candidates) (Amendment) Order in the same speech.

Perhaps I may say at the outset how much I look forward to the maiden speech of my noble friend Lord Hannan, who will address us shortly. The instruments brought forward today make sensible provision to support the effective administration of elections. The mayoral and police and crime commissioner elections order amends the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007, the Police and Crime Commissioner Elections Order 2012 and the Combined Authorities (Mayoral Elections) Order 2017. The purpose of the order, following representations made by my noble friend Lord Hayward and others, is to reduce the number of signatures required on a nomination paper for a candidate in the police and crime commissioner, combined authority and single authority mayoral elections. It is intended to reduce the need for person-to-person contact ahead of the May elections, given the specific context of the current pandemic. Similar provisions relating to local councillor and London mayoral elections have been made in a separate order.

In making these changes, we have taken the approach that the candidates should obtain subscribers on the basis of two per local authority area, whether for a poll within a single local authority or for electoral areas that contain a number of local authorities. Single local authority mayoral candidates must obtain signatures from two electors instead of 30; candidates for police and crime commissioner elections must obtain signatures from a number of electors which is twice the number of local authority areas within that police area. This is instead of the current requirement of 100 electors. For example, under the changes, for the Devon and Cornwall police area, which has 12 local authority areas, a candidate will need to obtain 24 signatures. Combined authority mayoral or so-called metro mayoral candidates must obtain signatures from a total number of electors that is twice the number of local authority areas within the boundary of the area. For example, the Liverpool City Region has six authorities, so the total number of signatures needed is 12. These signatures must be obtained from two electors registered to vote in each local authority area within the mayoral area. Currently, 100 electors in total are required at a combined authority mayoral election.

In making these changes, the Government have responded, after consultation, to the concerns of the electoral sector, candidates and political parties that the need to collect a high number of signatures for nominations for a candidate in some types of poll would encourage an unhelpful and unnecessary amount of interaction, as well as complexity for candidates. While it is essential that candidates in a poll can demonstrate a clear amount of local support, we must balance the importance of democracy with the need to protect people in these unique circumstances.

As I have explained, we are not removing the signature requirements completely. It is important that there should remain a democratic check and balance for candidates to demonstrate a degree of local support from electors in their area. These provisions will remain in force until 28 February 2022 to support candidates in any by-elections that may occur in the coming months as we emerge from the pandemic. The elections in May 2022 will automatically revert to the standard rules.

I am grateful to the Joint Committee on Statutory Instruments for drawing this to the attention of the House. The committee considered that there are some points where the drafting of the instrument and its Explanatory Note could have been clearer in certain respects. We welcome the views of the committee and are particularly interested to note its thoughts on how best to assist readers in understanding which provisions in an instrument will apply to different parts of the UK. We consider that the instrument takes a proportionate approach to a temporary rule change which has been introduced to reduce the number of face-to-face contacts required in the pandemic. I am gratified to see that the committee has agreed with the response of the Cabinet Office to its request for a memorandum has provided additional clarity.

We consider that it is clear from the context of the order itself when and to which elections it applies. However, in order to further aid clarity and certainty, we have published a note on GOV.UK on the order and its effect, particularly on the numbers of signatures required, and to assist candidates, their supporters and those administering elections. This includes tables that set out the number of subscribers needed for candidates standing at combined authority and London mayoral elections in England, and elections of police and crime commissioners in England and Wales. As I have explained, these are polls where the election is for an area covering a number of local authority areas and the tables set out the total number of subscribers that candidates will need in these areas, and whether a specific number is required from each constituent authority or not.

I now turn to the Police and Crime Commissioner Elections (Welsh Forms) Order 2021, which I hope will be welcomed by your Lordships. It introduces a set of prescribed forms and forms of words translated into Welsh in respect of the range of other forms already in use, in English, at PCC elections. These are in addition to the Welsh versions of the ballot paper and nomination form for candidates that are already provided.

The form and forms of words prescribed by this instrument are for use in any police and crime commissioner election that takes place in Wales. The Welsh forms in the instrument cover various stages in the electoral process and include poll cards issued to electors, the postal voting statement completed by postal voters, the declaration to be made by the companion of a voter with disabilities, guidance for voters and forms completed by candidates and their agents.

Some forms are in Welsh only and others are bilingual, in Welsh and English. The forms that are prescribed in Welsh and English—for example, poll cards and postal voting statements—are to be used in the bilingual form in place of the English versions. Forms that are prescribed in Welsh only—for example, the candidate’s consent to nomination form and the candidate’s declaration as to election expenses—are to be made available in Welsh where the person completing the form, such as the candidate, prefers to communicate in Welsh rather than English. The order also provides a Welsh version of the forms of words setting out guidance for voters that appears in polling station voting compartments. The effect of the order is that the form of words appropriate to the number of candidates will be displayed.

We have consulted the Electoral Commission on the orders, and it is supportive of both. We have also had support for the changes to the nominations process from the Association of Electoral Administrators and in discussions with political party representatives via the Parliamentary Parties Panel. We also shared a draft of the Police and Crime Commissioner Elections (Welsh Forms) Order 2021 with the Welsh Language Advisory Group, the Association of Electoral Administrators, the Society of Local Authority Chief Executives and officials in the Welsh Government. There is broad support among these stakeholders for the proposed changes set out in these two instruments.

Lord Faulkner of Worcester Portrait The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
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The question is that this Motion be agreed to. I should have made it clear at the beginning that the time limit for this debate is one and a half hours. The first debate is on the Police and Crime Commissioner Elections (Welsh Forms) Order 2021, and one other Motion later.

Ministerial and other Maternity Allowances Bill

Lord Faulkner of Worcester Excerpts
Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Thursday 25th February 2021

(3 years, 2 months ago)

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Baroness Deech Portrait Baroness Deech (CB) [V]
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My Lords—or, taking a cue from the noble Lord, Lord Triesman, how long will it be before I ought to say “My peers”?—these amendments are less about maternity leave, although even that word is now suspect, than they are about the proper use of language to reflect and protect those to whom it refers, some of whom have a special status within the law. If I can cut straight to the solution, it is this. The Interpretation Act 1978 says that

“words importing the feminine gender include the masculine”,

so if the words “mother” or “woman” are used in this Bill, which incidentally and memorably Joshua Rozenberg has referred to as the “Suella Braverperson Bill”, an individual trans person—a man who had given birth— would be covered by the words “woman” or “mother” in the same way that allowances granted to men in other areas of the law include women in their remit. So there is no reason why “woman” should not be used, although I accept that there is a consensus around “mother”.

As drafted, the word “person”—as distinct from “woman”—in this Bill could only be of application to a person born a woman who transitions, gives birth, is a Minister, seeks maternity leave and is bothered about terminology. This number is too small to count. Set against that the worldwide population of women who feel that obliteration of their being is offensive. Human rights organisations have called for the retention of gender-specific language in law because, by neutralising the language, the actual issue is also neutralised. The international NGO Plan International, writing about the needs of girls and women, calls for their protection to be maintained by using the right terminology. It may not be true of women in this House or country, but the status of many women around the world as mothers and child-bearers is all-important and must not be overlooked.

Going wider than the Bill, the use of neutral language is confusing, as has been said, for those who have little command of the English language. In health situations, one risks not reaching them by using phrases such as “persons with cervices”, “menstruators” and “persons with vaginas”. How would noble persons, otherwise known as noble Lords, like to be referred to in health communications as “persons with prostates” or “sperm producers”? As for the threat to free speech, I assure the noble Lord, Lord Wallace, that it certainly exists: if you try talking at UCL, KCL, Warwick and many other universities, including Cambridge, about Zionism, Israel, Jews, genetics or social mobility, you will be shut down.

Existing law is entirely in favour of retaining the words “mother” or “woman”. The McConnell case was about a man who started IVF treatment just six days after obtaining his gender recognition certificate, which was granted because he had made a declaration that he intended to continue to live as a man until death. He had not had a hysterectomy in part because, reportedly, he had not ruled out the possibility of having children. Section 12 of the Gender Recognition Act says that the status of a person as

“the father or mother of a child”

is not affected by the acquisition of a gender under that Act—so the court ruled that it was correct to list the man as the mother of his baby on the birth certificate, having regard to the rights and welfare of the child. As such, in this Bill we can speak of “mother” without in any way limiting the status of a trans person in a new gender.

Other laws confirm this. Section 33 of the Human Fertilisation and Embryology Act 2008 defines a mother as:

“The woman who is carrying or has carried a child”.


The Equality Act 2010 refers repeatedly to “man” and “woman”, “male” and “female”. In Section 13, it says that a “protected characteristic” includes a woman who is breastfeeding and that, when a man is treated differently and might regard that as discrimination,

“no account is to be taken of special treatment afforded to a woman in connection with pregnancy or childbirth.”

Section 60 of the Immigration Act 2016 prevents the “detention of pregnant women”. Regulation 12 of the Civil Partnership (Opposite-sex Couples) Regulations 2019 refers to

“a child born to a woman during her civil partnership with a man.”

As such, by supporting these amendments, let us reinforce clarity, precision and dignity in language, preserve the special status of women in childbearing and motherhood, follow precedent and simply show some common sense. I thank the noble person, Lord True, for all that he has done in this respect, and I hope that he does not get trolled. I commend these amendments to your persons’ House.

Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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I am not sure whether the next speaker, the noble Lord, Lord Dobbs, is able to join us.

Lord Dobbs Portrait Lord Dobbs (Con) [V]
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My Lords, yes, but my IT connection has been playing up and is weak. I note the lateness of the hour, coming at the end of so many fine speeches. I have listened to them and been inspired and educated; I very much agreed with so much of what has been said. I also laughed at times. It has been an extraordinarily good debate but at this late stage in these proceedings, almost everything that I wanted to say has been said—though not by me.

As such, I say simply that I would have voted for both amendments. But since we are not going to vote, I will simply thank those responsible for what has been an excellent day in this House: my noble friends Lady Nicholson, Lady Noakes and Lord Lucas, the noble Lord, Lord Hunt of Kings Heath, and almost everyone else concerned with this debate. Most of all, I thank my noble friend Lord True, whose heart is always in the right place and whose mind always works so deftly and wonderfully well on our behalf, and clearly in this situation. What follows will be far more important than anything I can say, so this has simply been a very good day for the House of Lords, and an even better day for women and mothers.

House of Lords: Size

Lord Faulkner of Worcester Excerpts
Wednesday 27th January 2021

(3 years, 3 months ago)

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Lord True Portrait Lord True (Con)
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My Lords, this was brought up in a previous exchange, I believe by the noble Lord, Lord Jay of Ewelme. The problem with the proposition posited by the noble Baroness is that an unelected House should determine who should become its Members and how many there should be. I am afraid that this is a House of Parliament, not a gentlemen’s club and the membership of the House must, at the end of the day, have political accountability. The line of political accountability goes to the Queen’s principal adviser, who is the incumbent Prime Minister.

Lord Faulkner of Worcester Portrait The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
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My Lords, the time allowed for this Question has elapsed. I apologise to the two noble Lords I was unable to call.

EU-UK Trade and Cooperation Agreement

Lord Faulkner of Worcester Excerpts
Friday 8th January 2021

(3 years, 4 months ago)

Lords Chamber
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Baroness Boycott Portrait Baroness Boycott (CB) [V]
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During the debate on the then European Union (Future Relationship) Bill, the Prime Minister stated:

“I have always said that Brexit is not an end but a beginning, and the responsibility now rests with all of us to make the best use of the powers that we have regained … We are going to begin by fulfilling our manifesto promise to maintain the highest standards of labour and environmental regulation.”—[Official Report, Commons, 30/12/20; col. 520.]


However, this thin deal is estimated by the IFS to leave our economy 2.1% smaller this year, which means less money available to tackle our environmental challenges.

I am very glad that the fight against climate change is classified as an essential element of the agreement. This means that any serious breach can lead to the suspension or termination of all or part of the agreement, which would materially defeat the object and purpose of the Paris Agreement. It is a very high threshold, but it is one that we must rise up to meet. 

However, new analysis by the Green Alliance found that our Government are yet to announce a policy to achieve the 75% of the emissions reductions that we still need to make to achieve our 2030 climate target. Additional policies required include commitments to restore up to 60% of peatlands, raise energy efficiency standards for new homes and mandate car manufacturers to increase production of electric vehicles. There are massive implications for spending, and some reckonings say that we need an extra £22 billion for this. I do not think we can afford not to do it.

Climate change is a world problem, and we are far more likely to tackle it and our nature crisis if we co-operate with our neighbours. As many noble Lords have said, we are still part of Europe. The EU has been a long-time partner, but this new agreement has, sadly, limited some of the mechanisms we have to promote our shared ambitions—so we desperately need to find further ways in which to negotiate and new ways in which to work together. We have the potential to be both dynamic and co-operative, and in the year that we host the COP, we, as leaders, should guarantee that we co-operate with all interested parties.

Lord Faulkner of Worcester Portrait The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
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The noble Lord, Lord Desai, is not here, so I call the noble Lord, Lord Sharpe of Epsom.

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Lord Hannay of Chiswick Portrait Lord Hannay of Chiswick (CB) [V]
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My Lords, since our marathon first debate on the UK’s Christmas Eve agreement with the EU last week, two things have happened: the agreement has entered into force and the UK has given effect to the provisions in domestic law. However inadequate one may believe it to be, as I do, it is water under the bridge, but there are plenty of loose ends remaining to tie up in the short term and some important policy choices to make in the medium to long term.

Two of the most important short-term challenges are financial services and data exchanges. On both, serious economic consequences will flow from whether the EU recognises the UK’s equivalence. Can the Minister assure the House that, in both cases, the Government will do everything they can to secure that equivalence? Do they recognise and accept that the more we seek to diverge from the EU—in practice, not just in theory—the less likely we are to achieve equivalence?

In the medium to long term, the big choice is surely whether we treat the present agreement as a ceiling, above which we do not seek to rise, or as a floor, on which other areas of co-operation, so far neglected, could be built. Which is it to be? Foremost among such areas, I suggest proper structures for co-operation on foreign and security policies, where we need to work with the EU institutions that take decisions in this field, as well as bilaterally with the member states, if we are not to drift towards irrelevance and lose influence. What is the Government’s thinking on this?

On student exchanges, the deplorable decision to turn our backs on Erasmus+ remains unexplained in any detail. Why, for example, do most other non-EU European countries find it of value? What can we do to restore reciprocal exchanges in this field, which Turing does not do? The fact is that we are at the beginning of a long and arduous journey of building our new partnership with our erstwhile EU partners, not strolling effortlessly through the sunlit uplands.

Lord Faulkner of Worcester Portrait The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
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My Lords, the noble Lord, Lord Mann, has withdrawn from the debate, so I call the noble Baroness, Lady Morgan of Huyton.

Taxation (Post-transition Period) Bill

Lord Faulkner of Worcester Excerpts
2nd reading & Committee negatived & 3rd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords
Wednesday 16th December 2020

(3 years, 5 months ago)

Lords Chamber
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Baroness Pidding Portrait Baroness Pidding (Con)
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My Lords, it gives me immense pleasure to follow the excellent maiden speech of my noble friend Lord Sharpe of Epsom. Our friendship goes back some 15 years, when we worked side by side as volunteers in the Conservative Party. As my noble friend mentioned, both my noble friend Lord Taylor of Holbeach and I have had the privilege of being chairman of the National Conservative Convention, the position that my noble friend Lord Sharpe currently holds. And what a superb chairman he is, leading from the front, motivating, encouraging and cajoling, but never asking fellow volunteers to do something that he would not do himself.

There are few parts of this country that my noble friend Lord Sharpe and I have not campaigned in together, and I am certain that his passion for democracy and volunteering will continue for years to come. I know, as I have witnessed first-hand, how much my noble friend likes nothing more than a good debate on the doorstep. Now that he is here in your Lordships’ House, he has found a new forum for debate. This outlet will probably be a great relief to his family.

Talking of family, it would be remiss of me not to mention my noble friend’s wife Fiona, son Charlie and daughter Kate, who, over the years, have given their unstinting support to his voluntary work and, on occasion, have got involved too. As is so often the case in working for any voluntary organisation, it has meant his absences on many an evening or weekend.

As noble Lords will have heard from his speech, in my noble friend we have a great addition to our House. We have heard only a snapshot of the experience that he will bring. Not only does my noble friend have a notable background in the world of finance and the unique experience of being an inspector in the Royal Hong Kong Police, but there is so much more. He is well travelled and is even a published historian. In the coming months, when we are able to move beyond this dreaded virus, more noble Lords will, like me, find my noble friend to be the most genial company, and I know that he will prove to be a real asset to these red Benches.

Turning to the business before us today, the Taxation (Post-transition Period) Bill is a crucial step on the road that the United Kingdom must take us as we prepare for the end of the transition period at the end of this year. I know, and hear today, that there are noble Lords who see this as a cause for melancholy, whereas others, like myself and my noble friend Lord Sharpe are optimistic for the opportunities that Brexit will bring to the whole of the United Kingdom, Northern Ireland included.

Throughout the negotiations, Northern Ireland has been the focus of much debate. This has caused anxiety from many in the United Kingdom who hold the union dear. However, the most affected are the British citizens who live in Northern Ireland or those whose livelihoods rely on trade and the movement of goods between Northern Ireland and the rest of the United Kingdom’s internal market. This has inadvertently harmed businesses, which are rightly concerned about the legal and practical state of regulations and tiresome taxes governing their trade with the European Union and the rest of the United Kingdom. Reassuring words of politicians have had little impact in soothing this concern. This Bill, however, represents action, ensuring that Northern Ireland will not be left behind or forgotten. It provides legal certainty for the customs, VAT and excise systems in Northern Ireland after the end of the transition period. This legislation will also help deliver the commitment made by this Government to deliver unfettered access for Northern Ireland businesses to the rest of the UK internal market and protect progress made under the Belfast agreement.

As the United Kingdom leaves the European Union, we must do our best to provide the assurances and support needed for businesses to prosper across the country. This is particularly true of SMEs, which are the backbone of the United Kingdom’s economy and which millions of citizens rely on for work. I am glad to see that this Bill has this at its core.

The Bill is no silver bullet but, along with other Bills currently making their way through Parliament, it will create a clear pathway for the whole of the United Kingdom to pass through this transition period, weather any possible storms and emerge stronger and ready for the opportunities awaiting us. Like my noble friend Lord Sharpe of Epsom, I give this Bill my full support.

Lord Faulkner of Worcester Portrait The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
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The noble Baroness, Lady Jones of Moulsecoomb has withdrawn, so I call the noble Baroness, Lady Ritchie of Downpatrick.

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Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con) [V]
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My Lords, I give a very warm welcome to my noble friend Lord Sharpe of Epsom and congratulate him on his first-class maiden speech. How lucky we are to benefit from his broad experience in so many different fields. He is very welcome indeed. I also congratulate my noble friend the Minister on bringing forward the Bill, albeit at this late stage, but without the “notwithstanding” clauses.

I want to press my noble friend the Minister on certain issues that are not on, or not immediately apparent and clear on, the face of the Bill. As he will be aware, we on the EU Environment Sub-Committee were very fortunate this morning to take evidence from those concerned with the agri-food sector and goods moving into Northern Ireland from continental Europe from 1 January. Is he minded to acquiesce to their request for a period of grace for a minimum of two months, but ideally of between two and six months, which others referred to as a period of adjustment, given the months of uncertainty and continuing lack of clarity, even with the publication and debate of the Bill today? Can the Government clarify the status of the UK global tariff regime? It was published in May, but we heard from a witness today that there is still a lack of customs data, trade statistics and tariff availability for imports.

Also, as others have mentioned, the trusted trader scheme will play a vital role, particularly in Northern Ireland, in preparing the flow of goods and unfettered access to which the Government are committed, which I applaud. With a budget of £2 million to fund the scheme, can my noble friend confirm that all 800 staff have been hired and trained and are ready to give the advice that will be required? Customs clearance will be required for all goods entering Northern Ireland from England, Scotland and Wales. What is the state of preparedness within HMRC regarding the additional 220,000 forms? Have all the necessary customs agents been appointed and trained, and are they in place and ready to go?

Regarding the abolition of tax-free shopping for overseas visitors, what is the up-to-date assessment of the loss of this trade for major stores not just in London but across the United Kingdom—in Birmingham, Manchester, Cardiff, Belfast and Edinburgh? What will the damage be? Does my noble friend share my concern that this will be removed from the UK market and that all the trade from which we have benefited over so many years will go to Paris, Amsterdam and Frankfurt, our near neighbours?

I end with specific requests flowing from the Bill. The first, as I set out at the beginning, is for a period of grace of between two and six months, to ensure that those asking to abide by the rules, which are not yet clear, will have the time to make the rules familiar with them, so that they can apply them from perhaps 1 April or 1 June. Also, can my noble friend confirm the status of the UK global tariff regime for imports? On the question of equivalence on phytosanitary measures, can he look at whether it should be veterinary surgeons alone who issue these environmental health certificates that will be required, or whether others might be more suitable, given the current shortage of vets, to enable these certificates to be issued in time?

Finally, can my noble friend give us a programme of when the implementing instruments will be in place so that we have a position at least to familiarise ourselves with them? I welcome the Bill and wish it a fair passage through Parliament.

Lord Faulkner of Worcester Portrait The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
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My Lords, the noble Lord, Lord Desai, and the noble Baroness, Lady Wheatcroft, have withdrawn, so I call the noble Baroness, Lady Bennett of Manor Castle.

Customs Safety and Security Procedures (EU Exit) Regulations 2020

Lord Faulkner of Worcester Excerpts
Thursday 10th December 2020

(3 years, 5 months ago)

Grand Committee
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Lord Agnew of Oulton Portrait Lord Agnew of Oulton (Con)
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I thank noble Lords for their contributions. I am grateful for the chance to respond to the points raised.

The noble Lord, Lord Bradshaw, asked about the impact on the country’s security of this statutory instrument which, to reassure the noble Lord, is for the export of goods, and so, in that direct context, is not of concern. However, the powers contained within SIs can be limited to apply only to certain types of goods. This has been provided for to allow targeted mitigation and to minimise security risks by providing a waiver only where necessary. Movements of prohibited and restricted goods are controlled by information contained in the customs export declaration and other licences, and the powers in this SI relate only to the safety and security declaration requirements. Even if a waiver were put in place that covered all goods, Border Force would continue to have access to additional intelligence to control border risks. It is also worth noting that we do not currently collect any safety and security data on exports to the EU, so any waiver here would not result in an increase in risks.

The noble Lord also spoke about this being a cut-and-paste solution. Safety and security declaration data is not currently gathered on all exports to the EU, so a waiver of these movements would retain the status quo. These powers could also be used to waive requirements for exports for the rest of the world if needed, but associated safety and security risks are minimal, since these goods are leaving Great Britain.

The Government intend to use these powers only where absolutely necessary to mitigate border disruption. Any waiver would be limited—for example, by time, location, sector of trade or type of goods—allowing targeted mitigation. Prior to any use of the power, the Government would consider the safety and security risks and manage them against the risks posed by the border disruption.

The noble Lord, Lord Moynihan, asked specifically about the movement of horses. The use of a public notice is the only method that would allow the Government to react as swiftly as may be needed to any disruption at the border after the end of the transition period. Without these powers, traders may be left in an unacceptable situation, where they are unable to compliantly export goods from Great Britain. The tripartite agreement to which the noble Lord referred is a specific agreement and, as I understand it, discussions are ongoing, but I will write with further information.

The noble Baroness, Lady Ritchie, asked about security and the risks of enabling increased criminality. I reassure the noble Baroness that the Government take border security extremely seriously and would use these powers only where absolutely necessary and within limits to alleviate border disruption. The Home Office would be consulted and would continue to be involved in the event that the powers were used to ensure that risks were kept to a minimum. Border Force would also continue to have access to other intelligence. The noble Baroness asked about the application to the whole of the UK. Just to be specific: while this is UK legislation, these powers could be used only to apply to goods moving out of Great Britain.

On publicising the use of the powers, this would be published as an online notice in the first instance, and Parliament would be updated as appropriate. We would also support the introduction of any measures with other methods of communication to ensure that traders were made aware as quickly as possible. The noble Baroness asked about causes of disruption. A waiver could be for exports to any country or any cause of disruption. This is necessary to be able to manage different scenarios. Equally, the powers allow for a waiver to apply only to certain exports. In the event of any use of these powers, we would need to weigh up the associated risks and take the appropriate action. The powers are restricted to the first six months of next year, since they are intended specifically to tackle border disruption as a result of the new safety and security requirements.

As to the question of how quickly it would take us to issue the notice, powers allow for a public notice to be published implementing a change in less than two days. A notice would last for a maximum of six months, for the first half of next year. However, the powers would also allow for the notice to be put in place for a shorter period of time within that to ensure that we have the maximum flexibility to manage these risks appropriately.

The noble Lord, Lord Tunnicliffe, asked how HMRC will use this contingency measure. We have established a process to ensure that we are able to assess any need for this contingency and balance risks. The process includes evidence-gathering and consultation with other departments, including the Home Office. We have been clear that these powers will be used only where absolutely necessary to avoid border disruption, and the Government will update Parliament in the event that we use the powers.

The noble Lord asked about any extension to the sunset clause. I reassure him that the powers can be used only within the first six months of next year and only to mitigate disruption. The Government have no plans to extend this contingency beyond the first six months of next year, as we do not anticipate that there will be any risk of disruption, as a result of the safety and security requirements on exports after that period. The Government could consider extending these powers further, but this would require a further statutory instrument which would be subject, as this one has been, to the appropriate parliamentary scrutiny.

I hear and understand the noble Lord’s concerns about the cliff-edge nature of the negotiations. I would like to offer a little more optimism in that, behind the scenes, a great deal of agreement has been achieved. There are some outstanding issues, but I remain confident that we will secure a deal with the EU in the next few days.

The Government are introducing this SI as a step towards being as prepared as we can be for all possible scenarios at the end of the transition period. We have been clear that these powers will be used only with due consideration of the risks, and only as is necessary to ease potential disruption at the border within the first six months of next year. I commend these regulations to the Committee.

Motion agreed.

Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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That completes the business before the Grand Committee this afternoon. I remind Members to sanitise their desks and chairs before leaving the Room. The Committee is adjourned, and I wish you all a nice weekend.

Committee adjourned at 4.25 pm.

Future of Financial Services

Lord Faulkner of Worcester Excerpts
Wednesday 11th November 2020

(3 years, 6 months ago)

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Lord Agnew of Oulton Portrait The Minister of State, Cabinet Office and the Treasury (Lord Agnew of Oulton) (Con)
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I thank the noble Lord, Lord Tunnicliffe, and the noble Baroness, Lady Kramer, for their thoughtful contributions. I will try to answer the questions as fully as I can.

Unlike the EU, the UK’s equivalence assessment of the EU’s regime was conducted on a proportionate basis, recognising that the UK and EU have the same rulebook. The EU sent us over 1,000 pages of questionnaires—not in a timely manner, with the last 248 pages arriving by 25 May, which is why we were not able to return them within a week, as I think the noble Lord, Lord Tunnicliffe, mentioned. We responded to the questions fully and comprehensively, with over 2,500 pages of response going back at the beginning of July. The EU has not come back with any questions on these responses.

In the absence of clarity from the EU, the Chancellor announced the package of decisions on Monday, which are in the UK’s interest and seek to support UK firms and ongoing cross-border activity with the EU. I assure both the noble Lord and the noble Baroness that we remain open and committed to a continuing dialogue with the EU about their intentions. The Government have taken all reasonable steps to co-operate in good faith with the EU throughout the equivalence process.

The noble Lord asks whether we feel that the EU is holding back, pending the progress of the Financial Services Bill. The measures in the Bill are consistent with a mutual equivalence outcome, and a number of cases actively support it. The UK played an instrumental role in the introduction of a lot of the EU’s regulation, particularly the investment firm regulation and directive, for example, so it is very supportive of the intended outcomes.

The noble Lord asked about TCFD. The UK is the first major country to go beyond comply or explain, or as far as able requirements, and our proposals contain a requisite level of prescription, supervision and enforcement mechanisms to mandate meaningful disclosure. The approach confirms the UK’s position as a global leader on robust climate-related financial disclosures that help investors to make informed decisions. We believe that the timelines set out in the road map provide the right balance between showing ambition and allowing businesses, investors and asset owners enough time to prepare to disclose meaningful information. Initial steps towards introducing TCFD-aligned disclosures have already been taken in respect of certain listed companies, banks and building societies. The FCA consulted in March on comply or explain rules for premium listed companies.

The noble Lord asked about green gilts. The UK’s sovereign green bond will identify specific government green projects that its proceeds will be used to finance, as per the International Capital Market Association green bond principles. These proceeds will then be tracked and reported in a regular and transparent manner to provide clarity to the public and investors.

The UK Government have always remained open to the introduction of new debt-financing instruments but needed to be satisfied that any new instrument would represent good value for money to the taxpayer. We have been regularly reviewing the case for introducing a sovereign green bond, as well as closely monitoring how the green and other ESG bond markets have developed over recent years. The noble Lord asked why we were slow. We have been watching the evolution of this market; indeed, Germany issued its first equivalent only in September this year.

The noble Lord and the noble Baroness asked about a Green Investment Bank mark 2. The Government are committed to ensuring that businesses and infrastructure projects continue to have access to the finance that they need. The UK has a number of existing tools available and we committed, in March last year, to an infrastructure finance review. We still intend to respond to that within the next few weeks.

The noble Baroness asked about asset transfers and the future role of the City. One of the advantages of leaving the EU’s regulation is that it gives us the opportunity to launch a number of initiatives. For example, we will review Solvency II. We will have a call for evidence on the overseas regime, some parts of which have not been reviewed since 1986. We are carrying out a task force on future listings given that there is, for example, quite a big discrepancy between the minimum size of a prospectus in this country and in the US. We are carrying out a consultation on the UK funds review to look at ways of making this country more attractive for international funds.

I remain more optimistic than the noble Baroness that there is a good future. She also asked about fintech and its role. We are a major player in the fintech market. We are developing an ecosystem that supports fintech firms to grow and reach scale. We are fostering partnerships between fintechs and incumbents to enable mainstream adoption of innovation. Being a large economy, we provide the opportunity for high levels of domestic demand; the British public tend to be early adopters of the opportunities that fintech throws up. We have the third-largest number of tech unicorns in the world, with 77 companies valued at over $1 billion. We are absolutely committed to supporting the growth of that market.

Lord Faulkner of Worcester Portrait The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
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We now come to the 20 minutes allocated for Back-Bench questions. I ask that questions and answers be brief so that I can call the maximum number of speakers. The first speaker is the noble Baroness, Lady Hayman.

EU Exit: End of Transition Period

Lord Faulkner of Worcester Excerpts
Thursday 24th September 2020

(3 years, 7 months ago)

Lords Chamber
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Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
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My Lords, there were a number of observations there, some of which could be characterised as a little wide of the Statement and perhaps a little behind the game—the game being that the British people have decided to leave the European Union. We are leaving the single market and the customs union and are preparing for that. Frankly, continually railing about this situation—as the noble Lord, Lord Wallace of Saltaire, did with some colourful language in parts of his intervention—does not help us address some of the specific issues in this Statement. For the avoidance of doubt, I am very content with the direction of travel of the United Kingdom and this Government. Unfortunately, I cannot ease the angst of the Liberal Democrat party in that respect, but I note it. Since the noble Lord offered sympathy to me, I reciprocate.

So far as the specific questions I was asked are concerned, I hope I have made a note of most of them. If I have not, I will follow them up. The overall stance of both interventions was, “Why haven’t we done more sooner? Why are there still some uncertainties?” Obviously, there are still some uncertainties; that is the nature of a broad negotiation. The noble Baroness, Lady Hayter, went wide of the specifics in the Statement, as she fairly acknowledged, but much of the central, core stuff that this Statement is concerned with flows from the fact—which is not affected by whether we get a free trade agreement—that we are leaving the customs union and have to address that situation. We have already adjusted our own phasing of border controls up until July 2021 specifically to help. I note what was said about our friends and counterparties in other member states. Obviously, their policy decisions are for them, but we hope to have fruitful and helpful exchanges with them up to and through this process’s conclusion.

I was asked about Gibraltar. I assure the noble Baroness that the Foreign Office is working closely with Gibraltar and that its interests will very much be taken into account in the transition process. Next Monday there is a meeting of the withdrawal agreement joint committee, which will deal with a number of aspects.

Comment was made about the reports in newspapers about what was called the Kent access pass. It was said in newspapers that this was a border in Kent. The noble Baroness asked how this would operate. It is an approach related to road use, and it is not intended that every vehicle will be stopped. As the noble Baroness says, that would be difficult to do. The reality is that disruption will occur if vehicles without the right documentation arrive at the point of departure. The Government’s whole strategy—our conversations with the road haulage industry, the publicity campaigns we have been running and the process of “Check an HGV” and smart freight—is designed to make sure that the maximum number of haulage vehicles will have the appropriate documentation. If they enter Kent and do not have that documentation, it will be possible for that to be picked up by ANPR and other resources.

The concentration will be on the M2 and M20. The Kent Resilience Forum is looking at all aspects of movement in Kent, but it is a roads-based approach intended to reinforce the advice with an element of deterrent. The cost of the port and inland infra- structure is up to £470 million; some of that is in place. Conversations are ongoing with local authorities and local Members of Parliament about the specifics. Some of this has already been put in the public domain; more will come into the public domain shortly.

On standards, there is not a direct correlation between price and standards. Some very high-quality goods can be cheaper. One of the purposes of free trade deals, which the Statement quite rightly says will help many countries around the world, is that—this is in the history of free trade deals—they tend to lower prices. That is to the benefit of the underprivileged as well as the privileged.

Border Force recruitment is going on. I do not have the exact figures, but £10 million has been put aside to recruit around 500 more Border Force personnel and training is in progress. I will pick up the other points in the two statements after I sit down, when I see Hansard. There are various estimates of elements of the cost. I will try to help as far as I can.

This is a practical programme. There are many thousands of excellent civil servants working on it, and the Government have great confidence that Britain will be ready and able to trade from the end of the year.

Lord Faulkner of Worcester Portrait The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
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My Lords, we now come to the 20 minutes allocated for Back-Bench questions. I ask that questions and answers be brief, so that I can call the maximum number of speakers.

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Lord True Portrait Lord True (Con)
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My Lords, again, of course I agree. I have always made it clear from this Dispatch Box that the Government hope very much that we will have a deal—a Canada-style deal—which I think will be in everybody’s interest. However, we have to deal with the situation in terms of leaving the customs union, whatever the outcome, as I said in my first Answer. The Government are investing £235 million—for example, in staffing and IT systems—including £100 million to improve and develop HMRC systems to reduce trader burdens, and £15 million to build new data infrastructure to enhance border management. The Government are working extraordinarily hard to keep this country open, prosperous, thriving and capable of taking the great opportunities that leaving the European Union will allow us.

Lord Faulkner of Worcester Portrait The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
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My Lords, the time for questions to the Minister is up, and I apologise to the noble and learned Lord, Lord Morris of Aberavon, for not being able to call him.

Parliamentary Constituencies Bill

Lord Faulkner of Worcester Excerpts
Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 10th September 2020

(3 years, 8 months ago)

Grand Committee
Read Full debate Parliamentary Constituencies Act 2020 View all Parliamentary Constituencies Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 126-III Third marshalled list for Grand Committee - (10 Sep 2020)
Clause 5 should stand part of the Bill and this amendment to increase the size of the other place to 800 should be rejected. I therefore urge my noble friend to withdraw his amendment.
Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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My Lords, I have received a request from the noble Baroness, Lady Smith of Basildon, to speak after the Minister.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, I will speak briefly. First, I make a plea to the Minister never to refer to this House as a part-time House. He half-corrected himself but this House often sits longer and later than the House of Commons. We are a full-time House. The only difference is that not all Members are full-time Members of your Lordships’ House; they have other interests and activities. We are a full-time House but not all our Members are full-time.

I want to make a couple of points. The Minister said that reform cannot be piecemeal because it must be considered. Reform can be both considered and piecemeal. Most reforms in British constitutional history have been quite gradual. That does not mean that they have not been considered; they have just taken a step-by-step approach, not the big bang approach. The Minister harked back to ducks and tabby cats; I would liken the House of Lords more to a tabby cat than to a duck.

The night in question, when the Minister and I had many discussions late into the night, went later than either of us wanted to be here in Parliament, but potentially the point the Minister is missing is that, after the conflicts that he referred to, both the 1911 and the 1949 Parliament Acts constrained how the House of Lords works. It is quite clear that we have an advisory role and that the House of Commons has primacy. We do not block legislation, we have no intention of blocking legislation and we have no remit or legitimacy to block legislation, but we have an opportunity and an obligation to advise the House of Commons on the basis of the information that we have.

On the Minister’s point about a Prime Minister needing to be able to appoint lots of Peers to get their legislation through, I am not aware of anything that Boris Johnson would have more difficulty with in the House of Commons than in the House of Lords. Even on the rule of law, I suspect that his colleagues in the House of Commons are not terribly happy with him, but that is not why he has appointed these 36 new Peers. It is nothing at all to do with legislation; it is a Prime Ministerial whim and a numbers game.

I am grateful for the Minister’s comments on the size of the House of Commons being 650 Members. There is something that we can agree entirely on.

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Amendment 13 withdrawn.
Lord Faulkner of Worcester Portrait The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
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Before I call the next group, I have had a request for Members in the room to speak up a little, because I think it is hard for Members, particularly those at the far end, to hear what is going on. It is not made easier by the extraneous noise outside. So if people could perhaps speak a little closer to the microphone, it would be appreciated by the noble Lord who I can see at the end of the table.

We now come to the group beginning with Amendment 14. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.

Amendment 14

Moved by
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Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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I have received requests to speak after the Minister from the noble Lords, Lord McNicol and Lord Lipsey. I first call the noble Lord, Lord McNicol of West Kilbride.

Lord McNicol of West Kilbride Portrait Lord McNicol of West Kilbride (Lab)
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I want to come back to the Minister. The Government seem to put all their weight behind the equality of the number of electors within constituencies, and have said that all the arguments from all the noble Lords who spoke in the debate are irrelevant because we would move away from equal votes of equal weight across the nations.

How does the Minister explain the exemptions that there are already in place for the islands? Yes, they are islands, but in accepting that they are special cases because they are islands, you are accepting the premise that there can be exceptions. I think that, with the arguments made—specifically the point about protecting the future of the union—these exceptions for Wales and Scotland should outweigh this crass, simplistic, mathematical argument.

I just repeat, because it is really important: under our current electoral system, which I support, if we were to make the changes proposed in the Bill and constituencies were of a similar size within quite a small variation, a single vote in Lerwick would still not be the same as a single vote in Luton. With our electoral system, you cannot make that argument.

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I appeal to the Minister to look again at this amendment, and for the Government to consider supporting it on Report. It is not asking for the status quo; it recognises the Government’s desire to move towards greater equalisation. However, it does so in a less harsh way, with a less punitive impact on representation in Wales. If the noble Baroness and her Government want to speak for Wales as a UK Government, in the way that they claim, then they should respect Wales. This amendment, in suggesting a reduction of five, to 35, has legislative precedent. That legislation entrenched that principle while recognising Wales’s special interests, as I have tried to argue. I hope that she will reconsider her response and that the Government will consider supporting it, as it is my intention to bring it back on Report.
Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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Meanwhile, does the noble Lord beg leave to withdraw it?

Lord Hain Portrait Lord Hain (Lab) [V]
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I beg leave to withdraw the amendment.

Clause 5 agreed.
Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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A little later than we planned, the Committee will now adjourn for 15 minutes.